How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body like surgical clamps, is still inside her body after gall bladder surgery may file a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of post falls medical malpractice attorney negligence: duty, deviation from this duty, direct causes, and injury.

Our clients must establish a direct link between the breach of duty, and the injury. This is referred to as proximate cause.

The reason for injury

A college park medical malpractice law firm malpractice lawsuit can be filed by the injured person or an attorney. This can be the spouse, adult child parent, guardian, or administrator of the estate of a deceased patient depending on the specific circumstances. The defendant in a suit for medical negligence is the health care provider. This could be a nurse, doctor or therapist, or any other health care professional.

Malpractice cases usually involve an abundance of expert testimony. Medical experts are required to testify whether or whether the health professional was in compliance with the standard of care in their specific field. They also have to testify to the damage caused by the doctor’s actions or inactions.

Injuries caused by negligence and mistakes can be devastating. For instance, a wrong diagnosis of a medical condition could have life-threatening effects. Other types of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

In order to establish a malpractice claim the patient must demonstrate four legal elements: a duty the physician owed to them; a breach of this duty; a resultant injury; and damages. In some states, like New York, the law places a limit on the amount of money that could be awarded for the malpractice claim.

Causation

The injury element, also referred to as causation is one of the most important elements of medical malpractice cases. To establish causation the plaintiff must prove that the injury was caused by the doctor's negligence. This can be a challenging task due to a variety of reasons.

Many injuries that are the basis for a medical negligence suit result from long-term or ongoing conditions which were present before treatment began. Often, the statute of limitations for a medical malpractice lawsuit extends over a number of years, and the injuries can develop gradually.

In these cases it is often difficult to prove that a specific medical professional's failure to adhere to the standards of care caused the injury. The attorney may have gathered evidence, including expert testimony and medical records, that the injured patient may use.

During the discovery process, which is a component of the legal procedure for getting ready for trial, your lawyer could request disclosure of expert testimony and other documents from lawyers representing the defendants. The doctor who is defending the lawsuit is then called to testify during deposition, which is testimony that is under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has established the necessary elements of their case such as breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince the jury, when bringing a claim for medical malpractice, that it is likely that the doctor did not fulfill his or her duties as a physician and that those breaches resulted in injury. The plaintiff's lawyer must prove this using evidence gathered through pretrial discovery, which entails seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. This also includes the recording of sworn statements and used at trial.

A doctor has breached their professional obligation in the event that they did something an ordinary prudent doctor would not have done under similar circumstances. However, it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or proximate cause. For instance the patient is admitted to the hospital for a hernia procedure and ends up having his or his gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice suits must be filed within a specific legal time limit, known as the statute of limitations. This differs from state to state. The victim must prove that the negligence caused injury, and then demonstrate the amount of compensation they are entitled to.

Damages

If medical negligence caused you to suffer a traumatic injury, you are entitled to be compensated. At Scaffidi & Associates, we can assist you in obtaining an adequate and fair amount of compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties then participate in discovery, a procedure in which documents and statements are made public under oath. During discovery, medical records and doctor's notes are typically requested.

In most states, you need to establish four elements to be compensated for any injuries caused by medical malpractice such as a duty due to the healthcare provider in breach of that obligation; a causal connection between the breach and the patient's injury and damages resulting from the injury. If your attorney can establish all of these elements, you can make a an extremely strong case for financial compensation in a medical malpractice case.

In certain instances, the court may decide to award punitive damages, which is meant to penalize a wrongdoer and discourage others from committing similar acts. It is not common however, particularly in medical malpractice cases. The courts must have a clear evidence of malice before they can decide to award these extraordinary damages.